K.Karthick @ Karthick Raja v. The Inspector Of Police

CRL OP(MD). No.949 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/01/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.949 of 2023 Karthick @ Karthick Raja ... Petitioner/Sole Accused Vs State represented by The Inspector of Police, All Women Police Station, Keeranur Pudukkottai District.

(Crime No.14/2022).

... Respondent/Complainant For Petitioner : Mr.Rameshkumar.D, Advocate For Respondent : Mr.Nambiselvan.B Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.14 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 08.05.2022 for the alleged offence under Sections 5(1) r/w. 6(1) of POCSO Amendment Act, 2019, in Crime No.14 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the victim girl who is studying 10th standard and is residing along with her grantmother. While she was going to school, the petitioner said to have compelled her to love him and later both loved each other, by utilizing the age of the grand mother of the victim, the petitioner came to the victim's house and had sexual intercourse with the victim girl. Hence, the case.

3.The learned counsel for the petitioner submitted that the compromise has been reached between the parties. On the basis of the compromise, the petitioner has been filed undertaking affidavit. The earlier bail applications were dismissed by this Court considering the gravity of offences.

4.The compromise is reached between the parties by way that the petitioner propose to marry the victim girl after she attaining majority. Considering the undertaking affidavit filed by the https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.949 of 2023 petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions. If any violation is noticed by the respondent, the petitioner will be taken into custody immediately. 5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Special Court for Additional Sessions Judge, Mahila Court (POCSO Act), Pudukkottai, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 25/01/2023 / TRUE COPY / 25/01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Indu TO 1 THE SPECIAL COURT FOR ADDITIONAL SESSIONS JUDGE, MAHILA COURT (POCSO ACT), PUDUKKOTTAI DISTRICT. 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION - KEERANUR, PUDUKKOTTAI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.949 of 2023 Date :25/01/2023 RS/VR/SAR.(25.01.2023) 2P-5C https://www.mhc.tn.gov.in/judis 2/2